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Starting January 1, 2020, officers will start to issue citations….Florida texting law

Starting January 1, 2020, officers will start to issue citations….Florida texting law

Be prepared, Florida friends! While the new  took effect on July 1, 2019, law enforcement has only been issuing warnings. However, starting January 1, 2020, officers will start to issue citations. Check out our blog post for further details about the law.

New Florida Texting Law Effective July 1, 2019

By Ana Cristina Rossi, Esq.

Put your phone down while driving! We all know how dangerous it is to text while driving and the Florida legislature has done something about it. Florida joins 43 other states which allow law enforcement to pull over drivers for texting while driving.

The new law, which was signed by Gov. Ron DeSantis on May 17, 2019, went into effect on July 1, 2019. In explaining his support for the bill, Gov. DeSantis stated that Florida had almost 50,000 motor vehicle accidents in 2016 which were caused by distracted driving and 233 of these accidents resulted in fatalities.

Here Are Answers To Questions People Have About The New Law: Republished with permission from Cohen Law Group

How does this new law change the prior law on texting while driving?

The new law now makes texting while driving a primary offense, meaning that law enforcement can pull you over if they suspect that you are texting on your phone while operating a vehicle. Previously, texting while driving was a secondary offense, meaning that a driver could only be cited for texting while driving if they were pulled over for another offense.

 

What’s the penalty?

For a first offense, the fine is $30 and for a second offense, the fine is $60. You will also be responsible for paying court costs.

A first offense will be treated as a non-moving violation; a second offense will add 3 points on your license.

 

Can you use your phone while you are stopped at a traffic light?

Yes, the new law permits drivers to use their phones in a motor vehicle which is stationary.

 

Can law enforcement confiscate your phone if they see you texting while driving?

No, law enforcement are trained to detect the signs of texting while driving and are not permitted to confiscate or otherwise access your phone without a warrant.

While the law took effect on July 1, 2019, law enforcement will only be issuing warnings until January; after that, officers will start to issue citations.

Ana Cristina Rossi, Esq.

Learn more about Ana Cristina here!

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Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

  • Posted: Dec 30, 2019
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Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

  • So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

 

 

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Failure to communicate can lead to a manager’s failure

Failure to communicate can lead to a manager’s failure

  • Posted: Dec 27, 2019
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Failure to communicate can lead to a manager’s failure

Since I work closely with management professionals, one of the more difficult questions I routinely face from community association leaders is how the community should go about the process of selecting a new community association manager. It causes me great concern when I first hear that a community is thinking of changing managers as most of them I know are conscientious and hard-working individuals who truly give their all for their clients. My first reaction is to ask the board members why they are even considering changing managers. Among the more common answers I hear are:

 

  • Too many residents complain of the manager not getting back to them after an issue is reported
  • Projects aren’t getting done on time
  • This manager is charging us too much for the service provided
  • It just isn’t working out

The follow-up comment I usually get is to “please not tell the manager” that we are looking to replace him. While I understand this sentiment, the secrecy between board and community association manager highlights the much larger problem to me. Quite simply, there has been a failure of communication between all parties involved. Unfortunately, it is often the association manager who becomes the scapegoat for this communication failure and will lose not only a client but also valuable income for years to come. That is why it is in every association manager’s best interest to be proactive in his managed communities’ communication efforts. A well-informed client is a happy client.

Communicating with board members is simple enough. Association managers already attend numerous board meetings, annual meetings and even committee meetings. However, with the exception of those homeowners who attend the annual meeting, most residents are largely unaware of the professional who manages their association. Worse still is that the only communication some residents ever receive from their association manager is a notice of a rules violation or a fine. That is why communication tools such as letters, e-mails, newsletters, community websites and even social media are vital to helping association managers properly communicate with the vast numbers of residents whose communities they manage.

 

Of course, there are numerous other advantages to establishing and maintaining great communications within the communities you manage. Better informed residents tend to be better behaved residents. You can use your communication efforts to build civic pride and create a better sense of community. Perhaps, most importantly, successful communication efforts create loyal clients. Wouldn’t you rather have the board come to you to discuss management shortcomings such as those listed above instead of going out shopping for a new manager behind your back? Of course, you would!

 

Taking the time to produce great communications is not always at the top of a busy manager’s “To Do” list. Understandably, there are numerous distractions and emergent matters to deal with. However, if you neglect a community’s communication needs, don’t be surprised to learn your clients have been secretly looking to replace you. You can avoid that disappointment by making communications a top priority. If you need help telling your story, don’t be afraid to seek out an expert. Communicating with your clients is the best way to assure they will stay loyal to you for years to come.

 

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Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

  • Posted: Dec 17, 2019
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If You Have Been Injured in a Slip and Fall Accident
Follow These 7 Important Steps

Find us on the Members Directory on SFPMA – The Maus Law Firm

1) Seek Medical Attention

This is your first step. Always to seek medical attention to ensure your injuries are documented. Schedule a Fort Lauderdale slip and fall attorney consultation as soon as you are well enough to visit.


2) GET PHOTOS

Facts are important. Document the location of the fall, store employees near, and the condition that caused you to fall.

 

3) DO NOT GIVE A RECORDED STATEMENT – YOU ARE NOT REQUIRED TO GIVE A STATEMENT.

They’re taking a statement to help their position – NOT to help YOU.
Our Fort Lauderdale slip and fall lawyers advise clients that if the business or insurance company contacts them, refer them to us. The calls will stop.

 

4) REQUEST AN INCIDENT REPORT

Businesses and insurance companies are infamous for the defenses they use when a person gets injured on their property.

 

5) REQUEST IN-STORE VIDEO SURVEILLANCE BE PRESERVED

This should be done in writing, and as soon as possible. Most businesses’ video recorders will tape over whatever is recorded after time.

 

6) GET WITNESS NAMES AND CONTACT INFORMATION

There is strength in numbers.

 

7) DOCUMENT YOUR INJURIES

Don’t wait!

Get the Help You Need from a Top Fort Lauderdale Slip and Fall Attorney
You deserve an experienced lawyer in slip and fall accidents and premises liability cases. Speak to a Fort Lauderdale slip and fall attorney in our office to have your questions answered.
Call 1-855-999-5297 today or visit us at www.mauslawfirm.com

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Florida CAM Courses offers training and exam prep for becoming a Community Association Manager.

Florida CAM Courses offers training and exam prep for becoming a Community Association Manager.

  • Posted: Dec 16, 2019
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Florida CAM Courses

florida cam courses

How to Get a CAM License

Florida CAM Courses has been helping people in Florida prepare for their state exam and become certified Community Association Managers for over a decade. We know the process that works and can help you in every step of the process. Feel free to reach out to us if you need help.

One of our Education Partners for CAM’s and Licensing is offering you to become a CAM. Take advantage of this and other courses offered by Florida CAM Courses Today!

Find them on the Education Pages and on the up Coming Events

Florida CAM Courses offers training and exam prep for becoming a Community Association Manager.

Everything you need to complete the 16 hour CAM pre-licensing work from the comfort of your home, office or anywhere! Highly rated courses with a 100% passing rate. Online registration is valid for one year.

7150 20th St.
Vero Beach, FL 32966
Phone: (772) 563-9320Toll Free: (800) 269-1055Email: hello@floridacamcourses.comWeb: Contact Form

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Big News Happening Now! PayProp Manage and Collect Rents! Attn: Property Managers, Landlords and Property Owners

Big News Happening Now! PayProp Manage and Collect Rents! Attn: Property Managers, Landlords and Property Owners

  • Posted: Dec 12, 2019
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Big News Happening Now > Attn: Property Managers, Landlords and Property Owners

Thousands of property management firms around the world are using PayProp.

 

PayProp: An established Nationwide Company for Property Management, Landlords, Property Owners in the Real Estate Sectors.

If you manage and or collect rents and have 1 to 1000 Rental Units that you collect rents from each month, Learn how PayProp can help you.

 

 

 

About our Platform:  Automated rental payment and reconciliation platform specific to the real estate sectors. It is both easier to use and more powerful than solutions offered by banks and traditional software vendors. PayProp was launched in 2004. Since then it has grown quickly to become a leading processor of rental payments for the property management industry, and today serves a large and diverse customer base of property professionals. Our platform sets the standard for speed and accuracy of payments as well as cost and payment status transparency, offering our customers complete transactional control and regulatory compliance.

 

Pilot our platform with 1 tenant in 2020 and pay $0 on setup and training! Offer ends 12/31/19. Call 954-224-8929 today for your 15 minute demo! www.payprop.com

 

 

Click the Link and start learning more about PayProp and like their page.

LEARN HOW PAYPROP CAN HELP

 

 

PayProp: Partnering with SFPMA offering services to our members and our Industry in Florida then all across the United States.  Frank J Mari / Executive Director of SFPMA

 

 

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ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

  • Posted: Dec 12, 2019
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ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities – available at no extra monthly cost!

Over the past few months, we’ve spoken with countless property managers in order to learn how to better serve the needs of our users. Many expressed concerns regarding a one log-in system to track all gate activity for both guests and residents. ZUUL Systems is just that: an all-in-one control system, database, and login that’ll take care of all your gate access control needs.

ZUUL’s resident lane is currently compatible with both AWID and MAXTEK RFID readers and transponders. Simply import the vehicular and transponder data into our database, and you’re all set.

Additionally, we have decided to extend our beta pricing until March 31, 2020. We want to ensure our clients have enough time to make a confident, informed decision, not a rushed one. We offer our product FREE for six months, with no contracts thereafter.

Call one of our team members today at 561-501-3539, and learn how ZUUL Systems is the solution your community needs.

The wait is over. ZUUL Systems is here.

Adam Lucks CEO
ZUUL Systems

View our Membership Page and Contact Us  ZUUL Systems

New Advances COMING IN 2020..
ZUUL Key
Traffic camera integration
Enhanced ID validation with DMV
2FA for ALL Admins

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Protecting Tenants at Foreclosure Act of 2009

Protecting Tenants at Foreclosure Act of 2009

  • Posted: Dec 09, 2019
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Protecting Tenants at Foreclosure Act of 2009

Resurrected and Here to Stay

by KBR Legal/ Jeffrey Rembaum, Esq.

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”.  It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

 

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter timeframe provided by state statute.

 

Kaye Bender Rembaum, Attorneys at Law

Palm Beach Office
Gardens Professional Center
9121 N. Military Trail,
Suite 200
Palm Beach Gardens, FL 33410
Phone: (561) 241-4462
Fax: (561) 223-3957
Broward Office
1200 Park Central Blvd. S.
Pompano Beach, FL 33064
Phone: (954) 928-0680
Fax: (954) 772-0319
Tampa Office
1211 North Westshore Blvd
suite 409
Tampa, Fl 33607
Phone: 813-375-0731

 

 

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Know the Rules of Restroom Renovations

Know the Rules of Restroom Renovations

  • Posted: Dec 09, 2019
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Know the Rules of Restroom Renovations

by Steven C Fraser, Esq. Fraser Lawyers

An area that gets a lot of foot traffic in any building, and one which everyone eventually will see and use, the restroom is a critical component of all commercial and industrial buildings. Typically thought of as only a functional space, the restroom has been transformed both by increased regulatory requirements for businesses (e.g., OSHA, ADA compliance, etc.) and by a shift to create more comfortable, inviting spaces for occupants.

These shifts put unique pressures on managers of aging buildings that may have fallen behind the curve on restroom design, aesthetics and function.

 

An area that gets a lot of foot traffic in any building, and one which everyone eventually will see and use, the restroom is a critical component of all commercial and industrial buildings. Typically thought of as only a functional space, the restroom has been transformed both by increased regulatory requirements for businesses (e.g., OSHA, ADA compliance, etc.) and by a shift to create more comfortable, inviting spaces for occupants.

These shifts put unique pressures on managers of aging buildings that may have fallen behind the curve on restroom design, aesthetics and function.

 

Norman Chapman facilities supervisor at Petigru Commercial Properties in Columbia, South Carolina., manages about 22 different properties, most of which were built anywhere from 25-30 years ago. He says that most of the buildings’ restrooms are located within tenants’ suites, which means the tenants are responsible for the upkeep and cleaning of those rooms. “We also have some common bathrooms,” says Chapman, “all of which are updated and modern.”

For example, most of Petigru’s properties feature restrooms that have wood frame cabinetry, decorative table legs, granite countertops, aged-bronze fixtures, high-end lighting and bold color schemes. Situated in a region that has a rich history.

Knowing that workers are more satisfied when it’s clear their employers care about them, Chapman says Petigru puts extra effort into keeping its restrooms fresh and updated, regardless of the building’s age. “Bathrooms are as important as the common hallways in a multi-tenant building, so we really try to keep up with the times and have them look nice,” says Chapman, “all in the name of attracting tenants that want a comfortable, functional space for their employees.”

 

OSHA’s Restroom Requirements for Businesses

When adding new facilities or renovating existing restrooms in an older building, there are some important regulatory requirements to keep in mind. In regulating the availability of and workers’ access to restroom facilities, the Occupational Safety and Health Administration (OSHA) has specific rules that must be followed. OSHA’s documentation is extremely detailed and complex, but at a basic level the Society for Human Resource Management (SHRM) highlights these requirements:

  • Toilet facilities must be available at every worksite.
  • Companies with 15 or fewer employees are required to offer only one unisex bathroom and toilet with a locking door.
  • For larger companies, the requirements are:
  • Two toilets for 16 to 35 employees
  • Three toilets for 36 to 55 employees
  • Four toilets for 56 to 80 employees
  • Five toilets for 81 to 110 employees
  • Six toilets for 111 to 150 employees and
  • One additional toilet for every 40 employees over 150.
  • Employers must provide gender-segregated facilities for coed workforces over 15 employees, with bathrooms designated as being for male or female use (unless they can be occupied by no more than one person and can be locked from the inside).
  • Each toilet must be in a separate compartment, with a door, and must be separated from the next by partitions sufficiently high to ensure privacy.
  • Hand-washing facilities must be provided and maintained in a sanitary condition. All restrooms must have running water, soap and either hand towels or air-dryers.

 

ADA Compliance Counts

An important consideration for all businesses and public spaces today, the Americans with Disabilities Act (ADA) has strict rules in place concerning the construction and renovation of restroom facilities. If you’re running an older building where the restroom facilities haven’t been recently updated, then you may need to revisit your restrooms to make sure they are up to code.

The complete ADA guidelines are available here. According to Buildings, the basic ADA guidelines that facilities managers should keep in mind for single-user restrooms are:

  • There must be 30” X 48” access to the sink (in other words, the door can’t swing into this rectangle).
  • The measurement starts from the point where users have 9” vertical clearance for their feet and 27” vertical clearance for their knees.
  • The center line of the toilet must be between 16” to 18” from the side wall.
  • To allow a wheelchair to turn, there must be a clear circle of at least 60 inches around the side wall and 56 inches from the rear wall.
  • The toilet seat height must be 17-19 inches.

 

According to Chapman, it’s important to factor both OHSA and ADA requirements into a restroom renovation in an older building, with the latter posing some of the bigger challenges for a upgrading an existing space. “You need at least one ADA stall (depending on how many tenants are on a floor of the building) in every bathroom, and that can take up some extra room,” he explains. This sometimes requires re-thinking how space is used, and whether or not the restroom redesign will require borrowing space from other private areas of the building. In a case like that, the restroom renovation project will require planning and timing around lease agreements as well.

 

Improving Comfort Levels

All older buildings will eventually have to go through some type of restroom renovation project. Whether the purpose is modernization, comfort, functionality, compliance or a combination of all four, this is a facility area that requires ongoing attention and commitment.

Not only do restroom renovations help keep occupants comfortable, but they can also enhance property value, improve employee morale, and help establish your company as one that cares about its employees, customers, and business partners.

The information provided on this page does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

 

STEVEN C. FRASER, P.A

(877) 862-7188

221 W Hallandale Beach Blvd
Hallandale Beach, Florida 33009
(877) 862-7188
sfraser@fraserlawfl.com

 

 

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Give yourself a Gift and become a Florida Community Association Manager CAM!

Give yourself a Gift and become a Florida Community Association Manager CAM!

  • Posted: Dec 05, 2019
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Are you looking for a career change? Have you ever thought about becoming a Florida Community Association Manager (CAM)? This license is required to manage a Condominium or HOA in the state of Florida – and there is not exactly a shortage of those. Florida CAM Courses has been offering the required CAM Pre-Licensing Course to students for over ten years, and 88% of our students pass their State Exam and become licensed Florida CAMs. Check out our website here www.floridacamcourses.com

 

Florida CAM Courses is a company based in Vero Beach and serving all of Florida, that provides educational services to those in the community association profession or those that would like to enter our profession. We offer courses in whichever format you like to learn in. Whether you prefer in-person, online self-study or correspondence, you are in great hands with Florida CAM Courses. We provide practice materials at no additional charge and downloadable course materials to help you successfully pass the Florida CAM exam. We also offer a blog for updated news and current events in the CAM world.

How to Get a CAM License

Florida CAM Courses has been helping people in Florida prepare for their state exam and become certified Community Association Managers for over a decade. We know the process that works and can help you in every step of the process. Feel free to reach out to us if you need help.

Coursework

Step 1

Register for a Florida CAM pre-license course, and show up for the class.

Pick One:

Prepare for Exam

Step 2

Get your fingerprints taken and register a time for the State Exam.

Prepare Yourself:

State Exam

Step 3

Schedule a Florida State CAM License Exam and pass it.

Take the State exam:

 

Florida CAM Courses

7150 20th St.
Vero Beach, FL
32966

(800) 269-1055
(772) 563-9320

hello@floridacamcourses.com

 

 

 

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Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions.

Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions.

  • Posted: Dec 05, 2019
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Holiday season is here! As Floridians, we are no strangers to stressful traffic conditions. Those everyday conditions combined with holiday shopping and increased tourism can unfortunately lead to an uptick in auto accidents. Here is some helpful information in case you or a loved one is involved in an auto accident this season. As always, if you need us, give us a call at 407-478-4878

 

Important Legal Tips To Protect You After An Accident

By Brett Sahm, Esq.

What do you think the number one tactic is that an at-fault driver’s insurance company will use against you?

ANSWER: If you are injured in the accident, the other driver’s insurance company will try to make the case that you were injured before the accident.

Even if you were feeling completely fine before the accident, the insurance company will attempt to blame some portion of your injuries, pain, suffering, and medical bills on something that happened in your past.

You might be saying to yourself:

“If I didn’t feel pain, or seek medical treatment, for several months or years before this car accident, why would they claim that my injury wasn’t solely related to the car accident?”

The answer resides in Florida standard jury instruction 501.5, entitled “other contributing causes of damages.” Under 501.5, a judge instructs Florida jurors to determine which percentage of a plaintiff’s injury was due to a pre-existing condition, and which percentage of the injury was due to THIS accident (the exacerbation of a pre-existing condition and/or a brand new injury).

If an insurance company can point to anything which may have contributed to your current injury – such as, a prior car accident (even a fender bender), a prior sports injury, a prior fall of bike accident, lifting heavy weights, working a tough job with manual labor, a prior surgery – the insurance company will do everything they can to shift blame to those prior occurrences.

Why?

Because their goal is to persuade the jury to attribute a smaller percentage of the blame to this accident. If the jury only assigns 50% of the blame for the injury to this accident, the insurance company saves thousands of dollars and you lose thousands of dollars.

So, knowing that this is ALWAYS the insurance company’s main strategy, what can you do to help yourself after an accident?

Here are my main tips.

 

1. Watch what you tell your doctor and watch what you put on your medical intake forms.

Everything you tell your doctor is subsequently put into your medical records. Medical records can make or break a case. If you talk about prior injuries, prior pain, strenuous work, lifting heavy weights, that all goes into the medical records.

If it goes into the medical records, the insurance company will see it, and they will use it as a sword against you. Do not give them ammunition to use against you!

 

2. In certain instances, you will not be able to keep prior medical conditions out of the medical records.

For example, if you had prior lumbar/lower back surgery, you will need to tell that to your chiropractor or orthopedic. Also, the fact that you had surgery is obvious from the MRIs. However, be sure to tell your doctor how long you were pain free prior to this accident.

How long was life sailing along smoothly before this accident? Tell that to your doctor. Also, and this is extremely important, get the actual films from your previous MRIs and make sure to give them to your attorney. If your prior lumbar MRI shows two bulging discs and one herniated disc, and your new MRI shows five herniated discs, then you have clear evidence of exacerbation of the previous injury and also a brand new injury.

Therefore, the most important thing is to have all your MRI films so that a radiologist or orthopedic can compare what was going on before with what is going on now. If something new is going on now, then the insurance company can’t blame it on some past event(s).

 

3. Photographs matter!

Although someone can get seriously injured from a minor impact, perception matters to a jury. If you have a small dent in your bumper, no matter how hurt you may be, do you really think that your average juror will believe that your injuries are solely from this accident? Probably not.

So what can you do about it?

Well, first off, if there was major damage to the vehicles from this accident, make sure to get a lot of photographs of both vehicles (and your body if there is bruising, cuts, etc.). The more damage in this accident, the easier for a jury to believe that this was the accident that caused all your injuries.

Second, if you have been in prior accidents, and they were fender benders or minor, give your attorney photos of the damage from those accidents. As I said about comparing the MRI films to show an exacerbated or new injury, we can show pictures of both accidents for the proposition that this accident was markedly worse than the last one.

 

4. Do not offer up information to any insurance company.

Sometimes, the at-fault driver’s insurance company will want you to give a recorded statement after the accident, or they want you to sign a medical record release.

First off, get an attorney. Once you are represented, everything has to go through your attorney, and your attorney will be keen to the game the insurance company is playing. You might say to yourself: well, it’s clear that the other person is at-fault, maybe I can save money by just working with the insurance company myself instead of retaining an attorney.

The problem is: you don’t know the game, and they are masters of the game. Chances are, they will find something out about your past medical history, or they will be sneaky and find out that you played high school football, and then they won’t offer you money for your claim because they’ll say your injuries arose from your prior accidents or activities.

Don’t do this. Don’t do recorded statements. Don’t offer them any information without seeking counsel.

 

5. Gather all of your prior medical records

Be sure to include routine primary care physician records for the last 10 years and provide these to your attorney. Chances are that the latest records before the accident will show reduced, diminished, or non-existent pain levels.

Perhaps the visit was for something completely unrelated, and you had no pain. This is good. It shows that this accident caused the pain, and you weren’t seeing a doctor for this pain for an extended time prior to THIS accident.

Prior medical history can actually be used by your attorney to help your case.

 

6. Think about what you could do before THIS accident versus WHAT you could do after the accident.

Was life limited in some way? How?

Here’s an example: could you work at a certain occupation before the accident that you can’t work at now because of extended standing or sitting?

I had a client get in a serious accident after having just received a job offer which would have been a substantial increase in pay. She had to decline the job because she was not able to physically perform it. But she could have performed it before the accident. Proof of things like this can help with the current injury versus pre-existing injury argument.

 

7. How you present yourself matters, whether it’s online or at a deposition.

Ultimately, a jury will decide your case. Either that, or the insurance company will make an offer to settle before trial. You often are the most important factor in your case!

Are you believable? Are you likeable? Do you come across as genuine and honest? Do you dress professionally? Are you making an attempt at growth in your life? All of these things matter.

That’s why your deposition is so important. It is your opportunity to relay the truth to opposing counsel. While a prior injury will be targeted by opposing counsel in his/her questioning, you can make it clear that you were pain free before and you are impaired now. You can state all of the things you could do before the accident that you can’t do now. You can tell opposing counsel all of your friends and family who will testify regarding your condition before and after the accident.

 

But the most important thing is whether the opposing counsel thinks a jury will believe you. Do you come across as someone who is genuine and likeable? Or, do you come across as someone who is exaggerating her symptoms? My biggest pre-suit settlements are those where opposing counsel has taken the deposition of my client, and my client comes across as educated, hard-working, disciplined, and eloquent.

People have sympathy for those who are truly trying to improve their situation (routinely going to doctors, independently seeking knowledge of how to help themselves), but simply cannot because of the injury. Your attorney will help you prepare for the deposition.

There’s one important point that your attorney will likely tell you: if you can’t truly remember seeking prior medical treatment for any prior injuries, don’t simply offer up what you think.

Along the same lines, if you can’t specifically remember doing anything strenuous which could cause injuries, don’t simply say you “think” you did something. Remember, the opposing attorney is trying to discover a prior medical history of similar injuries, or a prior history of things you did that could have contributed to an injury (even if you didn’t specifically seek out treatment).

Do not offer up information unless you are certain about the information. Everything, and I mean everything, from your past will be used against you in an attempt to get reduced damages from a jury. So, be careful what you offer up freely.

 

 

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